Preamble

(1)Section 4(1) of the Public Finance Act 1989 provides that the Crown or an Office of Parliament must not incur expenses or capital expenditure except as expressly authorised by an appropriation, or other authority, by or under an Act of Parliament:

(2)Section 10 of the Public Finance Act 1989 provides that an Appropriation Act may provide that an appropriation applies for a number of financial years that exceeds 1 but does not exceed 5:

(3)It is desirable that the Crown be authorised, in accordance with the appropriations made by this Act,—

(a)to incur expenses and capital expenditure during the financial year ending with 30 June 2009; and

(b)to incur expenses and capital expenditure during more than 1 financial year for certain specified matters:

The Parliament of New Zealand therefore enacts as follows:

1Title

This Act is the Appropriation (2008/09 Supplementary Estimates) Act 2009.

2Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3Application

(1)Section 10 and Schedule 4 relate to the financial years or other time periods set out in Schedule 4.

(2)The rest of this Act relates to the financial year ending with 30 June 2009.

4Purpose

The purpose of this Act is to—

(a)authorise the Crown to incur expenses and capital expenditure during the financial year ending with 30 June 2009 by appropriating expenses and capital expenditure for that financial year; and

(b)authorise the Crown to incur expenses and capital expenditure for more than 1 financial year for certain specified matters by appropriating expenses and capital expenditure for more than 1 financial year for those matters; and

(c)set out the net assets for each department (other than an intelligence and security department) and Office of Parliament for the purposes of section 22 of the Public Finance Act 1989; and

(d)list appropriations that are subject to the reporting requirements of section 32A of the Public Finance Act 1989.

5Interpretation

(1)In this Act, unless the context otherwise requires,—

scope shown in the Supplementary Estimates means,—

(a)for each multi-class output expense appropriation under section 7, the scope as shown in the statement directly under the name of each of the individual classes of outputs that are included in the relevant appropriation under the column headed “Titles and Scopes of Appropriations by Appropriation Type” in the table “Details of Annual and Permanent Appropriations” set out in the Details of Appropriations for the relevant Vote in the Supplementary Estimates; and

(b)for each appropriation under section 7 or 8 (other than a multi-class output expense appropriation), the scope as shown in the statement directly under the title of each appropriation under the column headed “Titles and Scopes of Appropriations by Appropriation Type” in the table “Details of Annual and Permanent Appropriations” set out in the Details of Appropriations for the relevant Vote in the Supplementary Estimates; and

(c)for each appropriation under section 9 or 10, the scope as shown in the statement directly under the title of each appropriation under the column headed “Type, Title, Scope and Period of Appropriations” set out in the Details of Multi-Year Appropriations for the relevant Vote in the Supplementary Estimates

Supplementary Estimates means The Supplementary Estimates of Appropriations for the Government of New Zealand and Supporting Information for the year ending 30 June 2009 (B.7)

this year means the financial year ending with 30 June 2009.

(2)In this Act, unless the context otherwise requires, benefit, capital expenditure, class of outputs, Crown, department, expenses, financial year, intelligence and security department, multi-class output expense appropriation, Office of Parliament, other expenses, output expenses, and Vote have the meanings given to them by section 2(1) of the Public Finance Act 1989.

6Appropriations additional to, or in reduction of, other appropriations

(b)the scope shown in the Supplementary Estimates for the relevant appropriation.

(3)The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—

(a)under any Imprest Supply Act passed in relation to this year; and

(b)in advance, but within the scope, of one of those appropriations.

8Appropriation administered by intelligence and security department

(1)An appropriation, in accordance with which the Crown is authorised to incur expenses and capital expenditure, is made for the expenses and capital expenditure to be incurred by an intelligence and security department set out in column 3 of Schedule 2.

10Appropriations applying to more than 1 financial year

(1)A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for each of—

(a)the categories of output expenses set out in column 3 of Schedule 4:

(b)the categories of other expenses set out in column 3 of Schedule 4:

(c)the categories of capital expenditure set out in column 3 of Schedule 4.

(2)Each appropriation provided by subsection (1) is limited to—

(a)the period specified in column 4 of Schedule 4 alongside the relevant appropriation; and

(b)either—

(i)the amount authorised by the previous authorities specified in column 6 of Schedule 4 alongside the relevant appropriation as varied by the amount specified in column 5 of Schedule 4 alongside the relevant appropriation; or

(ii)if no previous authority is specified in column 6 of Schedule 4 alongside the relevant appropriation, the amount specified in column 5 of Schedule 4 alongside the relevant appropriation; and

(c)the scope shown in the Supplementary Estimates for the relevant appropriation.

(3)The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—

(a)under any Imprest Supply Act passed in relation to this year; and

(b)in advance, but within the scope, of one of those appropriations.

(4)The following authorities to incur capital expenditure or expenses are revoked with effect from the close of 30 June 2009:

(a)the authority to incur capital expenditure provided by the appropriation under section 10 of the Appropriation (2005/06 Supplementary Estimates) Act 2006, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008 and by subsection (1) of this section, for Vote Transport for the category of capital expenditure “Crown Contribution to Joint Venture Airports”:

(b)the authority to incur capital expenditure provided by the appropriation under section 9 of the Appropriation (2006/07 Estimates) Act 2006, as varied by section 9 of the Appropriation (2006/07 Supplementary Estimates) Act 2007 and section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008, for Vote Transport for the category of capital expenditure “New and improved Infrastructure for State Highways”:

(c)the authority to incur expenses provided by the appropriation under section 8 of the Appropriation (2007/08 Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008 and by subsection (1) of this section, for Vote Finance for the category of other expenses “Auckland Rail Development”:

(d)the authority to incur expenses provided by the appropriation under section 8 of the Appropriation (2007/08 Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008 and by subsection (1) of this section, for Vote Finance for the category of other expenses “Urban Rail Development”:

(e)the authority to incur expenses provided by the appropriation under section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008 for Vote Treaty Negotiations for the category of other expenses “Historical Treaty of Waitangi Settlements”.

11Confirmation of net assets

For the purposes of section 22 of the Public Finance Act 1989 and in accordance with sections 23 and 26E(1)(b) of that Act, Schedule 5 shows the net assets for each department (other than an intelligence and security department) and Office of Parliament as follows:

(a)column 3 shows the most recently audited amount of net assets; and

(b)column 8 shows the projected movements in net assets during this year; and

(c)column 9 shows the projected balance of net assets at the end of this year.

In reduction of the authority provided by section 9 of the Appropriation (2005/06 Estimates) Act 2005, as varied by section 10 of the Appropriation (2005/06 Supplementary Estimates) Act 2006, as varied by section 9 of the Appropriation (2006/07 Supplementary Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008

Economic Development

75

Non-departmental output expenses

New Zealand's Participation at Expo 2010 Shanghai, China

Balance of period of 3 financial years from 2008/09 to 2010/11

9,756

In addition to the authority provided by section 8 of the Appropriation (2008/09 Estimates) Act 2008

75

Non-departmental other expenses

Transformational Initiatives Fund

Period of 4 years and 4 months from 1 March 2009 to 30 June 2013 (inclusive)

9,766

Energy

99

Non-departmental output expenses

Generating Reserve Electricity At Whirinaki

Balance of period of 5 financial years from 2007/08 to 2011/12

85,000

In addition to the authority provided by section 8 of the Appropriation (2007/08 Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008

Reserve Energy and Emergency Measures - Variable

Balance of period of 5 financial years from 2007/08 to 2011/12

80,000

In addition to the authority provided by section 8 of the Appropriation (2007/08 Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008

Finance

113

Non-departmental other expenses

Auckland Rail Development

Balance of period of 3 financial years from 2007/08 to 2009/10

(213,662)

In reduction of the authority provided by section 8 of the Appropriation (2007/08 Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008

Urban Rail Development

Balance of period of 5 financial years from 2007/08 to 2011/12

(491,691)

In reduction of the authority provided by section 8 of the Appropriation (2007/08 Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008

Lands

163

Non-departmental capital expenditure

Land Tenure Reform Acquisitions

Balance of period of 3 financial years from 2008/09 to 2010/11

3,185

In addition to the authority provided by section 8 of the Appropriation (2008/09 Estimates) Act 2008

Official DevelopmentAssistance

191

Non-departmental other expenses

Global Development Assistance

Balance of period of 3 financial years from 2006/07 to 2008/09

(2,044)

In reduction of the authority provided by section 9 of the Appropriation (2006/07 Estimates) Act 2006, as varied by section 9 of the Appropriation (2006/07 Supplementary Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008

Pacific Development Assistance

Balance of period of 3 financial years from 2006/07 to 2008/09

(8,661)

In reduction of the authority provided by section 9 of the Appropriation (2006/07 Estimates) Act 2006, as varied by section 9 of the Appropriation (2006/07 Supplementary Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008

Statistics

259

Departmental output expenses

2011 Census of Population and Dwellings

Balance of period of 5 financial years from 2007/08 to 2011/12

10,413

In addition to the authority provided by section 8 of the Appropriation (2007/08 Estimates) Act 2007, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008

Transport

269

Non-departmental capital expenditure

Crown Contribution to Joint Venture Airports

Balance of period of 5 financial years from 2005/06 to 2009/10

(1,773)

In reduction of the authority provided by section 10 of the Appropriation (2005/06 Supplementary Estimates) Act 2006, as varied by section 9 of the Appropriation (2007/08 Supplementary Estimates) Act 2008

Joint Venture Airports - Crown Contribution

Period of 3 financial years from 2008/09 to 2010/11

1,773

Treaty Negotiations

274

Non-departmental other expenses

Historical Treaty of Waitangi Settlements2009 - 2013

Period of 4 years and 1 day from 30 June 2009 to 30 June 2013 (inclusive)

800,000

Schedule 5Net assets confirmed in accordance with sections 23 and 26E(1)(b) of Public Finance Act 1989 for year 2008/09

Contents

4Changes made under section 17C of the Acts and Regulations Publication Act 1989

5List of amendments incorporated in this reprint (most recent first)

Notes

1General

This is a reprint of the Appropriation (2008/09 Supplementary Estimates) Act 2009. The reprint incorporates all the amendments to the Act as at 2 September 2009, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

•omission of unnecessary referential words (such as “of this section” and “of this Act”)

•typeface and type size (Times Roman, generally in 11.5 point)

•layout of provisions, including:

•indentation

•position of section headings (eg, the number and heading now appear above the section)

•format of definitions (eg, the defined term now appears in bold type, without quotation marks)

•format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

•position of the date of assent (it now appears on the front page of each Act)

•punctuation (eg, colons are not used after definitions)

•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

•case and appearance of letters and words, including:

•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

•small capital letters in section and subsection references are now capital letters

•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

•running heads (the information that appears at the top of each page)

•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).